stolen breakdown


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sammo_boi
03-02-2011, 04:55 PM
My band's rhythm guitarist/singer who just recently joined showed us a breakdown from one of his ex-bands (now extinct) songs. It fit our song perfectly. Without knowing this at the time, this breakdown was written by their then guitarist, and ours copies it note for note. The guy who wrote it has heard it and noticed. He said he's happy for us to use it, it just comes up all the time from him making jokes about us not being able to write our own stuff etc. He has a recording of it to prove it.

He seems like someone who might be a loser about it if my band ever gets anywhere.

What has he got on us? Can we change like one note in the whole thing to make it different? I would change it but it fits so well just how it is...

krypticguitar87
03-02-2011, 05:00 PM
make sure you get in writting that he's okay with you using it, then he's got nothing....

also yes you can change just one note... listen to ice ice baby....

Vendetta V
03-02-2011, 05:05 PM
if it's a 4/4 beat breakdown than it could be claimed as coincidence...
can he prove his recording was available to you at the times you came up with it?? if he had the recording in his basement which never got out then you can actually win the case after all

shikkaka
03-02-2011, 05:11 PM
make sure you get in writting that he's okay with you using it, then he's got nothing....

also yes you can change just one note... listen to ice ice baby....

vanilla ice did get sued though. I think they settled out of court...

sammo_boi
03-02-2011, 05:11 PM
Sweet one note it is then! That'll piss him off even more :p:

Koshman32
03-02-2011, 05:15 PM
Sweet one note it is then! That'll piss him off even more :p:
I'd get him to sign something saying it's ok. Changing one note can still get you in trouble. And like you said, it will piss him off even more. So if you guys do go big, and that song goes big, and you're making money off of that song, it will give him reason to take actions against you.

sammo_boi
03-02-2011, 05:16 PM
if it's a 4/4 beat breakdown than it could be claimed as coincidence...
can he prove his recording was available to you at the times you came up with it?? if he had the recording in his basement which never got out then you can actually win the case after all

I had no idea at the time and there was no way for us to listen to it because it was a personal recording he'd done himself.

And yeah it is a 4/4 breakdown that you've probably heard parts of thousands of times before.

So if I change a couple of notes as well as all this evidence then we should be extremely safe. I don't think he would ever go legal but it is a small possibility

EDIT: I still haven't heard his recording...

carldw1988
03-02-2011, 05:16 PM
If hes said hes happy for you to use it, if you're really worried about it if you make it just be sure to credit him for writing the riff. That way if you do make money from that song he'll be entitled to equal royalties as composer....from the way you've phrased it though it sounds more like hes just winding you up rather than having a problem.

Vendetta V
03-02-2011, 05:23 PM
hmm I guess you'll be pretty happy by not revealing the secrete that you nkow that he wrote the thing
change some stuff also... like so it's a coincidence and you're fine to go... also make sure to pt your record up before he does and make it available worldwide.. like youtube/myspace.. you know what I mean ;)

doing all this in the end when you're big and the dude wants a case then his lawyer will advice him to drop the idea since it's a lost case nomatter what the truth is

sammo_boi
03-02-2011, 05:26 PM
Alright thanks for the help!

Zycho
03-02-2011, 11:22 PM
You can't copyright a breakdown.

axemanchris
03-02-2011, 11:39 PM
You can't copyright a breakdown.

Finally. :rolleyes:

God, I hate it when people spout stuff they have no idea of.

If there is no melodic content, which most breakdowns generally don't have, it's generally not considered compositionally significant. See the copyright for dummies thread for more detailed info.

As far as Ice Baby goes, the problem wasn't the notes, it was that they used the *actual recording*, which they did not get permission to use. I think it might have been the first case of a group getting burned for not, what is called, "clearing their samples."

They might have needed a licence to use a part of the composition if they wanted to be safe, but they lacked the reproduction rights required to use the actual recording.

CT

VeilOfMaya
03-02-2011, 11:42 PM
All breakdowns are the same anyway. It shouldn't be a problem.

Damascus
03-03-2011, 03:39 AM
God, I hate it when people spout stuff they have no idea of.


...so you became an internet forum mod? :haha:

diofan88
03-03-2011, 03:47 AM
Hey, I wrote a breakdown the otherday too it went like this

Chug a chug chug a chug a chug chug WAAAAAAA chug a chug chug a chug a chug chug WAAAAAAAA

sound familiar?
srsly

jibran
03-03-2011, 04:37 AM
Hey, I wrote a breakdown the otherday too it went like this

Chug a chug chug a chug a chug chug WAAAAAAA chug a chug chug a chug a chug chug WAAAAAAAA


I wrote that first, I'll fucking sue you.

axemanchris
03-03-2011, 08:27 AM
...so you became an internet forum mod? :haha:
:haha:

My laugh for the day already.

CT

travs2448
03-03-2011, 10:02 AM
i gots an idea, take out like on or 2 of the chugs in each bar, and add a few squeals (pinch harmonics) in there, also come up with a good pre breakdown vocal, sing it gang style, there solution! im a hardcore guitarist to so i know this shit good haha

VeilOfMaya
03-03-2011, 12:42 PM
i gots an idea, take out like on or 2 of the chugs in each bar, and add a few squeals (pinch harmonics) in there, also come up with a good pre breakdown vocal, sing it gang style, there solution! im a hardcore guitarist to so i know this shit good haha
http://is200.imagesocket.com/images/2011/03/03/costanzajpgqvjc.jpg

elloel
03-04-2011, 05:15 PM
You can't copyright a breakdown.

Breakdowns aren't just 0-000-0-0-0-00-000 chugs you know.

whalio
03-04-2011, 05:56 PM
Breakdowns aren't just 0-000-0-0-0-00-000 chugs you know.

If they were, nowadays Battle of the Bands competitions would take place in the courtroom.

skatesf10
03-06-2011, 10:20 PM
You can't copyright a breakdown.

This is all thats needed to be said.

semus
03-09-2011, 12:27 PM
He seems like someone who might be a loser about it if my band ever gets anywhere.


you seem like someone who ripped him off.

if i ever play in a band that finds out we unknowingly ripped someone off we wouldnt keep playing that part, definitely not find ways of going around getting trouble for it.
just change the part, work on it as much as it takes, even if it ends up sounding quite alike, as long as you know its yours.
unless he really says he doesnt mind that you use the part, then i would just kick the one who knowingly ripped it off, out of the band

JWD32792
03-13-2011, 09:57 PM
Either rewrite the part, get something from him in writing, or credit him as a writer on the song when you release stuff (this seems like the easiest).

HalfDose
03-15-2011, 01:35 AM
Yeah, you guys have plenty of time, write a new part. Bands change parts to songs all the time. do it... DO IT!!

JAHellraiser
03-17-2011, 04:09 PM
Bands that play breakdowns never make it "big" anyway.

If you wanna go big, play pop. :headbang:

nargoth
03-17-2011, 04:20 PM
I didn't know open E, (or drop whatever you tuned it to) was copyrighted.